N.Anadakumar v. The Assistant Divisional Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.387 of 2025 N.Anandakumar : Petitioner Vs.
1.The Assistant Divisional Engineer, Highways Department, (Construction & Maintenance), Radhapuram, Tirunelveli District.
2.The District Collector, Tirunelveli District, Tirunelveli.
: Respondents 1/7
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Certiorarified Mandamus, to call for the records regarding the impugned notice No.04/2023/A1 dated 30.12.2024 passed by the first respondent and quash the same and consequently direct the respondents to rectify and relay the Nanguneri - Bharathar Oovari Road in SH-89 in the land acquire for the specific purpose in Survey No.63A/2A1B2.
For Petitioner : Mr.S.Mani For Respondents 1 & 2 : Mr.S.R.A.Ramachandran Additional Government Pleader
O R D E R
************ [Order of the Court was made by M.S.RAMESH, J.] By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself. 2.This writ petition has been filed seeking to quash the impugned notice No.04/2023/A1 dated 30.12.2024 passed by the first 2/7
respondent and for a consequential direction to the respondents to rectify and relay the Nanguneri - Bharathar Oovari Road in SH-89 in the land acquired for the specific purpose in Survey No.63A/2A1B2. 3.Under Section 28(2) of "the Tamil Nadu Highways Act, 2001" [hereinafter referred to as "the Act" for brevity], whenever there are temporary encroachments in the highways property, the department is entitled to remove them forthwith. Likewise, under Sub-section (ii), when permanent structures are erected in highways land, show cause notice requires to be issued to the encroachers, calling upon them to remove the encroachments. In case any reply is given to the show cause notice, the proviso prescribes that such objections have to be considered, before passing final orders.
4.In the instant case, the department has already issued two show cause notices on 12.12.2023 and 16.09.2024. In the said notices, the encroachments in S.No.891 are shown as temporary, as well as permanent structures.
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5.The learned Counsel for the petitioner disputes the claim of the department that he has encroached into the property. However, he would also admit that his property has already been acquired by the department and compensation has also been received by him. 6.This Court, in exercise of its powers under Article 226 of the Constitution of India, will not venture to adjudicate disputed facts, which proposition has been consistently reiterated by the Hon'ble Supreme Court, as well as this Court in several of its decisions. Since the petitioner raises a factual dispute with regard to the claim of the department that he is an encroacher, his remedy to establish his rights would be to substantiate the same before the Civil Court. 7.Since the respondents have followed the procedure contemplated under the Act for removal of the encroachment, we do not find any reason to interfere with the impugned show cause notice. 4/7
8.Accordingly, this Writ Petition stands dismissed, with liberty to the petitioner to approach the Civil Court, if he chooses to do so. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
[M.S.R.,J.] & [A.D.M.C.,J.] 09.01.2025 Index : Yes/No Internet : Yes/No MR 5/7
To 1.The Assistant Divisional Engineer, Highways Department, (Construction & Maintenance), Radhapuram, Tirunelveli District.
2.The District Collector, Tirunelveli District, Tirunelveli.
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M.S.RAMESH, J.
and A.D.MARIA CLETE, J.
MR ORDER MADE IN 09.01.2025 7/7